Frank Smith & Sons

National Labor Relations Board - Board Decisions

Jan 18, 1955

111 N.L.R.B. 241 (N.L.R.B. 1955)

FRANK SMITH & SONS 241
FRANK H. SMITH , CLAUDE L. SMITH , FRANK B. SMITH , HOWARD P.
SMITH, MORRIS M. SMITH, AND BILLY J. SMITH , D/B/A FRANK SMITH
& SONS 1 and AMALGAMATED MEAT CUTTERS & BUTCHER WORKMEN
OF NORTH AMERICA, AFL. Case No. 16-RC-1506. January 18,1955
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor-
Relations Act, a hearing was held before William H. Renkel, Jr.,
hearing officer. The hearing officer's rulings made at the hearing are-
free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer operates a poultry processing plant in Waco,
Texas. It purchases live poultry which it slaughters, dresses, and sells
to wholesale and retail food distributors. During the last year the
Employer's total purchases from out-of-State amounted to less than
$10,000. Total sales amounted to approximately $3,500,000. Of this
amount, less than $10,000 represented sales shipped directly out-of-
State. - Approximately , $345,000 represented sales of poultry to,
Crown Poultry Company, an operating division of Safeway Stores,
Incorporated, the poultry being delivered to Safeway's El Paso,
Texas, warehouse, where it was commingled with poultry from other
sources and lost its identity. The Safeway warehouse shipped all the
poultry, valued at more than $900,000 during the past year, to 16
Safeway stores in Texas and 25 Safeway stores in New Mexico. The
record indicates that the poultry purchases of each of the New Mexico
stores are approximately the same as those of the Texas stores.
In view of the fact that the Employer sells in excess of $100,000
worth of poultry to Safeway which, in turn, ships in excess of $50,000
worth of the poultry with which it is commingled to stores outside
the State of Texas, we find that the Employer's operations meet the
indirect outflow standard announced in Jonesboro Grain Drying Co--
operative,' and that it will effectuate the policies of the Act to assert
jurisdiction in this case.'
2. The labor organization named below claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
i The Employer 's name has been amended to conform with the evidence adduced at the
hearing.
2 110 NLRB 481.
3 Contrary to the Employer, there is no basic inconsistency between the assertion of
jurisdiction here and the Board's failure to assert jurisdiction in the earlier proceeding
involving this Employer, Frank Smith & Sons, 100 NLRB 1382 Now unlike then, the.
Employer by its sales to the El Paso warehouse of Safeway meets the indirect outflow-
jurisdictional standards.
111 NLRB No. 39.
242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All production and maintenance employees and truckdrivers at its
Waco, Texas, poultry dressing plant, excluding managerial, office
clerical, and plant clerical employees, salesmen, driver-salesmen, field
men, operating students, supervisors, and guards as defined in the Act.4
[Text of Direction of Election omitted from publication.]
* The pasties agreed that this unit is appropriate for purposes of collective bargaining.
ROCKWELL VALVES, INC. and INTERNATIONAL ASSOCIATION OF MACHIN-
ISTS, AFL, PETITIoNER. Case No. 16-RC-1550. January 19, 1955
Decision and Certification of Representatives
Pursuant to a "Stipulation for Certification upon a Consent Elec-
tion" and in accordance with the Rules and Regulations of the Board,
an election by secret ballot was conducted on November 5, 1954, in the
above-entitled proceeding under the direction and supervision of the
Regional Director for the Sixteenth Region. Thereafter the parties
were furnished with a tally of ballots which showed that of 109 valid
ballots counted 55 were cast for International Association of Machin-
ists, AFL, hereinafter called the Petitioner; 10 were cast for United
Steelworkers of America, CIO, hereinafter called the Intervenor; and
44 were cast against both participating labor organizations. There
were no challenged ballots and one void ballot.
On November 10, 1954, the Employer timely filed its objections to
certification. On November 22, 1954, after an investigation of these
objections, the Regional Director issued and duly served on the par-
ties his report on objections in which he recommended that the Board
overrule the objections. Thereafter, on November 30, 1954, the Em-
ployer filed its exceptions to report on objections and a supporting
brief.
The Board, having considered the objections to the certification, the
report on objections, the exceptions thereto and the brief, and the en-
tire record in the case, makes the following findings :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act.
111 NLRB No. 40.